Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

National Products, Inc. v. Scope Mounted Electronics, LLC

United States District Court, W.D. Washington, Seattle

May 29, 2018

NATIONAL PRODUCTS, INC., Plaintiff,
v.
SCOPE MOUNTED ELECTRONICS, LLC, ATTACHIT, LLC, and APPLE CREEK WHITETAILS LLC, Defendants.

          FENWICK & WEST LLP David K. Tellekson David K. Tellekson (WSBA No. 33523) Ewa M. Davison (WSBA No. 39524) Elizabeth B. Hagan (WSBA No. 46933) Jessica M. Kaempf (WSBA No. 51666) Attorneys for Plaintiff National Products Inc.

          SCHWABE, WILLIAMSON & WYATT, P.C. Matthew Turetsky Matthew Turetsky (WSBA No. 23611) Troy D. Greenfield (WSBA No. 21578) Scott D. Eads (admitted pro hac vice) Attorneys for Defendants Scope Mounted Electronics LLC; Attachit, LLC; and Apple Creek Whitetails LLC

          CONSENT JUDGMENT

          HONORABLE THOMAS S. ZILLY, JUDGE

         THIS MATTER came before the Court on the joint submission by Plaintiff National Products, Inc. ("NPI") and Defendants Scope Mounted Electronics LLC ("Scope Mounted"), Attachlt, LLC ("Attachlt"), and Apple Creek Whitetails LLC ("Apple Creek") (collectively, "Defendants"), docket no. 32, of this Consent Judgment. The parties have had ample opportunity to assess the relevant facts and applicable law during the pendency of this lawsuit. Further, the judgment entered on March 14, 2018 in the case entitled National Products Inc. v. Arkon Resources, Inc., Case 2:15-cv-01553-JPD (W.D. Wash.) (the "Arkon case"), is dispositive of several of the issues in this lawsuit. A copy of that judgment is attached hereto as Exhibit A. Accordingly, the parties stipulate to the following:

         1. Plaintiff NPI is a Washington State corporation with its principal place of business at 8410 Dallas Avenue S., Seattle, WA 98108. NPI is in the business of manufacturing and selling mounting systems under the RAM and RAM MOUNTS product lines.

         2. Defendant Scope Mounted is a Wisconsin limited liability company with its principal place of business at 7346 Darlin Ct. Suite 11, Dane, Wisconsin 53529-9662.

         3. Defendants Attachlt and Apple Creek are Wisconsin limited liability companies having their principal place of business at 14109 County Trunk, VV, Gillett, WI 54124.

         4. NPI is the owner of United States Trademark Reg. No. 2, 629, 952, a certificate of which is attached hereto as Exhibit B ("Registered RAM Trademark").

         5. NPI is the owner of United States Trademark Reg. No. 4, 254, 086, a certificate of which is attached hereto as Exhibit C, which covers the three-dimensional configuration of a double-socket mount arm that is tapered in the middle like an hourglass ("Registered Hourglass Shape Trademark").

         6. NPI filed this action against Defendants on January 5, 2017, alleging seven causes of action, including infringement of the Registered RAM Trademark and the Registered Hourglass Shape Trademark (the "Action").

         7. In their Amended Answer, Defendants denied that the Registered RAM Trademark and the Registered Hourglass Shape Trademark are valid or infringed.

         8. Defendants have advertised, marketed, distributed, and/or sold products for mounting smartphones or other electronic devices that include hourglass shape double socket mount arms purchased originally from NPI. These products include but are not limited to: the Magnetic Spotting Scope Mount, the Mark II - Magnetic Smartphone Scope Mount, Mark II -Magnetic Smartphone Scope Mount w/ Magnetic Phone Case, Mark II - Magnetic Smartphone Scope Mount w/ Magnetic Phone Case and Vehicle Suction Cup Mount, the Smartphone Scope Mount Mark II, the Mark III - Magnetic Smartphone Scope Mount, the Mark III - Magnetic Smartphone Scope Mount w/ Magnetic Phone Case and Vehicle Suction Cup Mount, Mark III -Magnetic Smartphone Scope Mount w/ Magnetic Phone Case, the Attach It Claw Mount Package, the Claw Mount w/ Attach It Magnet, the RAM® Tough-Claw Mount with Attach Magnet system, the SPORTSMAN Package, the ANYWHERE Package, the Attach It Anywhere Package, the Suction Cup Mount with Attach It Magnet, the 2" Arm Extension, the RAM® PLASTIC DBL SOCKET ARM B BALL A LNG (RAP-B-201U-A), the 3" Arm Extension, the RAM® Double Socket Arm for 1" BALL (RAP-B-201U), the Round Base Surface Mount, the RAM® 2.5" DIA. BASE WITH 1" BALL (RAP-B-2O2U), the Diamond Base Surface Mount, the RAM® 2.5" x 15/16" BASE W/ BALL (RAP-B-238U), and the Trail Camera Attach It Mount.

         9. On at least some of the hourglass shape double socket mount arms purchased originally from NPI, Defendants removed and/or replaced NPI's Registered RAM Trademark(s) ('Altered RAM Products"). Defendants contend that they have not sold any of the Altered RAM Products.

         10. Defendants have also advertised, marketed, distributed, and/or sold products for mounting smartphones or other electronic devices that include hourglass shape double socket mount anus purchased originally from NPI but which are materially different from RAM products by virtue of, for example, removal or alteration of warranty coverage, differences in labeling, packaging, and marketing materials, and/or combination with other components ("Materially Different RAM Products").

         11. Defendants have also advertised, marketed, distributed, and/or sold products for mounting smartphones or other electronic devices that include hourglass shape double socket mount arms purchased from Arkon Resources, Inc., which bear an hourglass shape and which were found to be infringing in National Products Inc. v. Arkon Resources, Inc., Case 2:15-cv-01553-JPD (W.D. Wash.) ("Infringing Hourglass Products"). These products include but are not limited to: the VEHICLE Package, the Suction Cup Mount with Attach It Magnet, and the Attach It Suction Cup Mount Package.

         12. The Altered RAM Products, the Materially Different RAM Products, and the Infringing Hourglass Products (hereafter referred to as the "Accused Products") infringe NPI's registered trademarks and/or otherwise violate NPI's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.